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Regulations made under the Mortgage Repossessions (Protection of Tenants etc) Act 2010

23 July 2010

The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (Regulations) were made on 13 July 2010.

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MRPTA 2010) received Royal Assent on 8 April 2010. The Act was passed to give some protection to residential tenants whose tenancies did not bind their landlord's mortgage lender during repossession proceedings.

Section 2 of the MRPTA 2010 provides that a possession order for a mortgaged property that consists of, or includes, a dwelling-house may only be executed:

  • If the mortgage lender gives notice at the mortgaged property of "any prescribed step" taken for the purpose of executing the possession order.
  • After the "prescribed period" (beginning with the day on which the notice is given) has elapsed.

The Regulations provide:

  • That the "prescribed step" under the MRPTA 2010 is the mortgagee making an application to the court for a warrant for possession of the property.
  • That the "prescribed period" is 14 days.
  • The form of notice to be given under section 2 of the MRPTA 2010. The notice must be in the form set out in the Schedule to the Regulations.
  • The manner in which that notice may be given.

The Regulations come into force on 1 October 2010, at the same time as most of the provisions of the MRPTA 2010.